| People ex rel. Roache v Connell |
| 2009 NY Slip Op 02104 [60 AD3d 1367] |
| March 20, 2009 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York ex rel. Walter J. Roache, Appellant, v S.A. Connell, Superintendent, Oneida Correctional Facility, Respondent. |
—[*1]
Andrew M. Cuomo, Attorney General, Albany (Frank K. Walsh of counsel), for
respondent-respondent.
Appeal from an order of the Supreme Court, Oneida County (Robert F. Julian, J.), entered December 11, 2007. The order denied the application of petitioner for leave to reargue the dismissal of his petition for a writ of habeas corpus.
It is hereby ordered that said appeal is unanimously dismissed without costs (see Empire Ins. Co. v Food City, 167 AD2d 983, 984 [1990]). Present—Hurlbutt, J.P., Smith, Fahey, Green and Pine, JJ.